Issuance Limitation. Notwithstanding any other provision, at no time may the Corporation issue shares of Common Stock to Holder which, when aggregated with all other shares of Common Stock then deemed beneficially owned by Holder, would result in Holder owning more than 4.99% of all Common Stock outstanding immediately after giving effect to such issuance, as determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder; provided, however, that Holder may increase such amount to 9.99% upon not less than 61 days’ prior notice to the Corporation. No provision of this paragraph may be waived by Holder or the Corporation.
Issuance Limitation. During the period beginning on the date of this Agreement and ending on the Termination Date, the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any Common Stock or Common Stock Equivalents, (2) any other equity security of the Company, including without limitation shares of preferred stock, (3) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for preferred stock or other equity security; provided, however, that the foregoing shall not apply to any Excluded Security.
Issuance Limitation. The HFA hereby certifies that the principal amount of the Program Bonds does not exceed $25,000,000 and the amount allocated to the HFA under the Single-Family New Issue Bond Program.
Issuance Limitation. The HFA hereby certifies that the principal amount of the Program Bonds does not exceed the amount allocated to the HFA under the Multifamily New Issue Bond Program.
Issuance Limitation. The HFA hereby certifies that the sum of:
Issuance Limitation. During the period beginning on the Execution Date and ending on the Preferred Stock Termination Date, the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any Senior Securities or Pari Passu Securities, (2) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for any Senior Security or Pari Passu Security, or (3) any option, warrant or other right to subscribe for, purchase or otherwise acquire any such security described in the foregoing clauses (1) and (2); provided, however, that the foregoing shall not apply to the issuance of Permitted Debt.
Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee hereby represents that the Lessee (including all subordinate entities of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonable anticipates not to issue in the calendar year during which the Agreement and Supplement are executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code) in an amount greater than $10,000,000. By: (Signature of individual authorized to execute this Exhibit) Name: Title: (Printed name of individual who signed directly above) (Title of individual who signed directly above) Schedule No. 08 EXHIBIT G June 1, 2017 AGREEMENT TO PROVIDE INSURANCE Lessee: Lessor/Certificate Holder: Name: Town of Allenstown Name: Tax-Exempt Leasing Corp., AOIA Address: 00 Xxxxxx Xxxxxx Xxxxxxxxxx, Xxx Xxxxxxxxx 03275 Address: 000 X. Xxxx Xxxxxx Xxxxxxxxxxxx, Xxxxxxxx 00000 Phone: 000-000-0000 Phone: 000-000-0000 Description of Equipment: 201_ Mini-Pumper/Light Rescue on a Ford F550 Chassis and Equipment I understand that to provide protection from serious financial loss, should an accident or loss occur, my lease contract requires the equipment to be continuously covered with insurance against the risks of fire and theft, and that failure to provide such insurance gives the Lessor the right to declare the entire unpaid balance immediately due and payable. Accordingly, I authorize Tax-Exempt Leasing Corp. or its assigns to contact the insurance company shown below, in order to obtain the required proof of coverage. I further authorize the Agent/Company below to issue a Certificate noting Xxxxxx’s interest in the equipment and showing Tax-Exempt Leasing Corp. and/or its assigns as additional insured and loss payee. Please e-mail to xxxxxx@xxxxxxxxxxxxxxxx.xxx or fax to 000-000-0000 Insurance Company: Name of Agent: Address: Phone: Email: Policy #: Lessee: Town of Allenstown Signature Printed Name and Title Schedule No. 08 EXHIBIT H June 1, 2017 LESSEE CERTIFICATE RE: Master Lease Purchase Agreement dated as of April 15, 2013, between Tax-Exempt Leasing Corp. (Lessor) and Town of Allenstown (Lessee) and Schedule No. 08 thereto dated as of June 1, 2017. I, the undersigned, hereby certify that I am a duly qualified representative of Xxxxxx and that I have been given the authority by the Governing Body of Lessee to sign this C...
Issuance Limitation. During the period beginning on the Execution Date and ending on the date that is 90 days after the Effective Date, the Company shall not effect a Subsequent Placement. During the period beginning on the Execution Date and ending on the Termination Date, the Company will not permit any Company Subsidiary to effect a Subsequent Placement. During the period beginning on the Execution Date and ending on the Stockholder Amendment Approval Date, the Company shall not effect a Subsequent Placement that constitutes a Dilutive Issuance (as defined in the Warrants).
Issuance Limitation. During the period beginning on the date of this Agreement and ending on the 30th day following the Effective Date (as defined in the Resale Registration Rights Agreement), the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any shares of Common Stock, (2) any other equity security of the Company, including, without limitation, shares of preferred stock, (3) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for any equity security of the Company, or (4) any option, warrant or other right to subscribe for, purchase or otherwise acquire any such security described in the foregoing clauses (1) through (3); provided, however, that the foregoing shall not apply to any issuance of shares of Common Stock or Common Stock equivalents (A) upon the exercise of any options or warrants outstanding, (B) upon the exercise of any Warrants or upon the Conversion, or (C) to employees, directors, or consultants pursuant to any stock option or equity incentive plan or other compensation plan, program, agreement or arrangement as long as, in the case of clauses (A) and (C), the terms of any such options, warrants, plan, programs, agreements, or arrangements are not materially amended.
Issuance Limitation. Notwithstanding anything herein to the contrary herein or in the Purchase Agreement or any other Transaction Documents, if the Company has not obtained Shareholder Approval, then the Company may not issue, upon conversion of the Series F Preferred Stock, any Underlying Shares. “Shareholder Approval” means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the shareholders of the Company with respect to the transactions contemplated by the Transaction Documents, including the issuance of all of the Underlying Shares in excess of 19.99% of the issued and outstanding Common Stock on the Closing Date.
